Lackluster debut for crypto ETFs in Hong Kong

The trustee of the failed Japanese cryptocurrency exchange Mt. Gox is preparing to initiate repayments of bitcoin (BTC) and bitcoin cash (BCH), prompting fears of a market sell-off among traders and investors.Photo by Dmytro Demidko on UnsplashConfirming repayment detailsThe crypto community on the /mtgoxsolvency subreddit disclosed that the Tokyo-based bitcoin exchange has initiated the process of verifying creditors' addresses for forthcoming repayments. Emails have been sent to creditors, confirming that their repayment details have been validated with relevant cryptocurrency exchanges. The communication from Mt. Gox appears to be staggered, with users on different platforms receiving emails at varying times. Some Bitstamp users reported receipt of the email, while several Kraken customers mentioned that they were still awaiting the confirmation. Mt. Gox, cautioning creditors, clarified that users with disabled or frozen accounts would not be able to receive repayments using the provided addresses. Additionally, the emails specifically pertain to payments in bitcoin and bitcoin cash. This recent communication follows Mt. Gox's announcement in November, where it committed to returning approximately 142,000 bitcoin, 143,000 bitcoin cash and 69 billion Japanese yen, valued at over $5.67 billion at the announcement date and approximately $6.46 billion at the present moment. During the November announcement, Mt. Gox assured creditors that repayments would commence in the following months and weeks. Creditors with payment methods deemed "effective at this time" were earmarked to receive their assets first. Towards the end of December, some creditors reported the addition of yen-denominated balances to their PayPal accounts by Mt. Gox, signaling progress in the repayment process. Market fearsThe fear among market participants of a distribution of bitcoin from the Mt. Gox estate has cast a shadow over the sector over the course of a number of years. With this latest development, it appears that the estate is finally on the cusp of executing on that distribution. If distribution is achieved in the short term, it will come at a time when bitcoin has experienced a major unit price pullback already. Since the approval of spot bitcoin exchange-traded funds (ETFs) in the United States earlier this month, it appears that another bankrupt crypto exchange, FTX, has sold $1 billion worth of Grayscale Bitcoin ETF shares into the market. That move is believed to have been responsible for a dramatic drop in bitcoin’s unit price. In tandem with that event, some commentators believe that a pullback at this point is healthy for the market. That’s the view of Charles Edwards, founder of Capriole Investments. Taking to social media, Edwards wrote:”We're still not here yet. This pullback is very overdue and lower is healthier.” At the time of writing, bitcoin has a unit price of $39,884, down from a high earlier this month of $48,494. Confirmation emails have been reported by several Reddit users, with Bitstamp confirming for most, and a few Kraken users also acknowledging receipt. Nevertheless, a significant number of Kraken users mentioned they are yet to receive the confirmation email. Mt. Gox officially closed its doors in February 2014, almost a decade ago, after succumbing to an exploit in 2011.  

Stables Money, an Australian platform that claims to be on a mission “to make stablecoins usable for everyday use,” has partnered with Philippines-based digital assets platform Coins.ph to use the latter’s peso-pegged stablecoin (PHPC) for remittances. Peso-denominated stablecoinIn a press release published to the Coins.ph website on Aug. 28, the firm laid out details of the deal. PHPC is a retail stablecoin which is backed by Philippine peso-denominated cash reserves and pegged to the peso on a 1:1 basis. The stablecoin was launched by Coins.ph in July.  It’s an ERC-20 token which runs on the Ethereum virtual machine (EVM)-compatible Ronin blockchain network. The stablecoin was accepted into the Bangko Sentral ng Pilipinas’ regulatory sandbox in May.Photo by Aeron Oracion on Unsplash$35 billion in remittancesThe Philippines has always been seen as a lucrative remittance market due to the high number of Filipinos who work outside of the country, sending funds home to family on a regular basis. In 2020, remittances back to the Philippines from overseas were just shy of $35 billion, according to data from the World Bank. It appears that Australia’s Stables Money has identified this opportunity, with the company entering the Philippine market back in March. The Philippine peso already accounts for over 25% of all outward transactions sent via the platform. Stables Money CEO Bernardo Bilotta spoke to the opportunity that the company is trying to exploit. He stated: "Recognizing the Philippines as a key player in global remittances, we expanded to deliver smooth PHP transactions. With 28.44% of our send transactions now in PHP, this move highlights our commitment to making cross-border payments hassle-free for those sending money to the Philippines.” Coins.ph has the intention of engaging in further industry partnerships in an effort to expand the reach of PHPC. That will mean additional collaborations with crypto exchanges, digital asset wallet providers and those financial institutions who are increasingly delving into the world of stablecoins. Commenting on this latest development, Wei Zhou, Coins.ph CEO, stated:”We’re encouraged to see growing adoption of PHPC among our user base. Our partnerships with Stables and Ronin underscore the vast potential of PHPC in cross-border transactions, trading and other financial activities.” Stables has also made efforts to expand through the use of Circle’s USDC stablecoin. Last month, it partnered with global payments card platform Mastercard in a collaboration which facilitates Stables users in purchasing goods using USDC at locations across 27 European countries where Mastercard is accepted. The firm’s partnership with Mastercard dates back to March 2023 when it entered into a similar collaboration relative to the Asia-Pacific region. Previous peso-based stablecoin projectsCoins.ph is not the first entity to try and drive adoption of a Philippine peso-based stablecoin. The Southeast Asian country’s UnionBank launched a similar product back in 2019. However, the product failed to find product-market fit and ultimately, it was withdrawn from the market. The company tried once again in 2022, attempting to launch a similar product through its digital bank subsidiary UnionDigital, in an effort that seems to have failed. More recently still, UnionBank subsidiary company UBX launched a peso-based stablecoin on Polygon back in March.

Hong Kong Deems Crypto as PropertyIn dealing with a case involving defunct Hong Kong-based cryptocurrency exchange Gatecoin, a Hong Kong judge has determined cryptocurrency as being property “capable of being held in trust.” Presiding over the case, Justice Linda Chan stated recently that Hong Kong takes a broad definition of what constitutes property.©Pexels/mitbg000Digital assets held in trustHaving expended efforts to try and recover funds from a former payments service provider that the company had partnered with, Gatecoin announced that it would shut down the business and commence the liquidation of the business in 2019. With bankruptcy proceedings being notoriously slow, that process continues today, resulting in Justice Chan’s recent determination.The notion of property held in trust is a common theme that has been explored in a number of cryptocurrency business bankruptcy processes recently, including the BlockFi, Celsius and FTX processes.Gatecoin has not proven to be any different in this regard. Liquidators had turned to the Hong Kong courts for direction as to how creditors’ digital assets, as held on the platform, should be defined. If property is deemed to have been held “in trust”, then that determination has implications for the owner of those assets relative to the bankruptcy proceedings.In the case of BlockFi, a determination was made in a US court that those who had simply custodied digital assets with the platform without earning any yield were property owners and that they should have their assets returned.The importance of Terms of Service (ToS)Alex Mashinsky, the founder and CEO of failed crypto lending competitor Celsius outlined to service users on a number of occasions that the assets remained their property even though his company used customer assets for various trading activities. The bankruptcy judge reached a different determination based on the terms of service. Service users had acknowledged in signing off on Celsius’ terms of service that assets held on the platform that accessed yield-bearing products became the property of Celsius when deposited within those products on the Celsius platform.Although it has not been dealt with yet, 1.4 million creditors relative to the bankruptcy process of failed cryptocurrency exchange FTX are likely to discover later this year if they can claim “in trust” property rights. An ad hoc group of creditors has taken legal action for the return of their digital assets on the basis of an assertion that the assets remained their property when transferred onto the platform.ImplicationsWhilst a seemingly uninteresting determination to anyone less informed about such bankruptcy proceedings, such decisions can have profound consequences. In a bankruptcy process, there is a hierarchy of creditors, with some having greater rights than others when it comes to the distribution of bankruptcy estate funds. Recognition of assets being held in trust as property would likely take those property owners out of the bankruptcy process, allowing the return of their funds (where available) while others who are classified as creditors get a distribution of whatever funds are left in the bankruptcy estate thereafter.Additional complexityGatecoin’s case was further complicated by the existence of various sets of terms of service. In two of the three instances, the court found that no trust language existed. There is one subset of creditors who may have the ability to claim their digital assets as property. The liquidators have agreed to identify them and contact them in that regard.While the process may be proving to be a minefield for Gatecoin’s creditors, it has served a broader purpose in crypto more generally as it has provided yet another opportunity for another jurisdiction, in this instance Hong Kong, to provide some more clarity with regard to the legal status and standing of cryptocurrency.